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Publication Date: 2021-02-03
Practice Area: Consumer Protection
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Gary M. Klinger, Mason Lietz & Klinger LLP, Chicago, IL; Gary E. Mason, David K. Lietz, Mason Lietz & Klinger LLP, Washington, DC; Jared T. Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiff.
for defendant: William E. Manning, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Turner A. Broughton, Brendan D. O’Toole, Amanda Bird, Williams Mullen, Richmond, VA for defendant.
Case Number: D69278
Patients lacked standing to bring suit against their medical practice to recover compensation for a ransomware attack and data breach the practice had suffered where plaintiffs failed to allege their personal or financial information had been misused or there was a concrete, imminent threat of misuse.
Publication Date: 2021-01-13
Practice Area: Mergers and Acquisitions
Industry: Health Care | Insurance
Court: Court of Chancery
Judge: Vice Chancellor McCormick
Attorneys: For plaintiff: Matthew P. Denn, Kelly L. Freund, DLA Piper LLP, Wilmington, DE; A. Thompson Bayliss, E. Wade Houston, Abrams & Bayliss LLP, Wilmington, DE for plaintiffs.
for defendant: Kevin M. Coen, Sara Toscano, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Glenn M. Kurtz, White & Case LLP, New York, NY for defendants.
Case Number: D69256
Indemnification claims could not "relate back" to earlier where parties' contract required claims to be submitted prior to automatic release of escrow funds, but ambiguity as to whether claim met contractual materiality standard precluded judgment on the pleadings or summary judgment.
Publication Date: 2021-01-06
Practice Area: Bankruptcy
Industry: Health Care
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff: M. Blake Cleary, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Abid Qureshi, Akin Gump Strauss Hauer & Feld LLP, New York, NY for debtors.
for defendant: Donald J. Detweiler, Troutman Pepper, Wilmington, DE; James P. Muenker, Neligan, LLP, Dallas, TX for movant.
Case Number: D69248
Lump sum adjustment from Centers for Medicare and Medicaid Services received by debtors constituted a "settlement" and therefore qualified as a purchased asset that debtors were required to turn over under the terms of the parties' asset purchase agreement.
Publication Date: 2020-12-16
Practice Area: Bankruptcy
Industry: Health Care | Investments and Investment Advisory
Court: U.S. Bankruptcy Court
Judge: Judge Owens
Attorneys: For plaintiff:
for defendant:
Case Number: D69224
While one individual defendant owed fiduciary duties to debtors, trustee's adversary proceeding against other defendants failed where trustee presented no evidence those defendants had knowledge of their participation in an alleged transaction to fraudulently withdraw assets from debtors.
Publication Date: 2020-12-09
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: John S. Spadaro, John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
for defendant: Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Tiffany Powers, Andrew Hatchett, Alston & Bird LLP, Atlanta, GA for defendants.
Case Number: D69214
Motion for leave to amend class claim denied where proposed relief sought had already been ordered by the court.
Law Journal Press | Digital Book
Authors: Michael D. Malfitano
View this BookView more book results for the query "*"
Publication Date: 2020-11-18
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: James P. Hall, Phillips Goldman McLaughlin & Hall P.A., Wilmington, DE for plaintiff.
for defendant: Gregory S. McKee, Katherine J. Sullivan, Wharton Levin Ehrmantrout & Klein, P.A., Wilmington, DE for de-fendants.
Case Number: D69194
Plaintiff's settlement agreement in a separate personal injury proceeding against another entity did not preclude her malpractice claims against defendants.
Publication Date: 2020-10-21
Practice Area: Corporate Governance
Industry: Health Care | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Ryan M. Ernst, O’Kelly Ernst & Joyce, LLC, Wilmington, DE; Thomas J. McKenna, Gregory M. Egleston, Gainey McKenna & Egleston, New York, NY for plaintiffs.
for defendant: Paul J. Lockwood, Jenness E. Parker, Veronica B. Bartholomew, Skadden, Arps, Slate, Meagher & Flom, LLP, Wilmington, DE for defendants.
Case Number: D69158
Dismissal of derivative complaint for failure to adequately plead demand futility and failure to state a claim granted without prejudice, where plaintiffs were given leave to move to amend their complaint and assert amendments and additional allegations that would cure the pleading deficiencies of their complaint.
Publication Date: 2020-09-23
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: John S. Spadaro, John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
for defendant: Colin M. Shalk, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Kyle G.A. Wallace, Gavin Reinke, Alston & Bird LLP, Atlanta, GA for defendants.
Case Number: D69132
The Delaware Supreme Court held the lower court erred in holding that an insurer had the burden of proof with respect to the reasonableness of reductions in the amounts charged by a medical provider.
Publication Date: 2020-09-23
Practice Area: Bankruptcy
Industry: Federal Government | Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Joseph H. Hunt, Assistant Attorney General; David C. Weiss, United States attorney; Ellen W. Sleights, Assistant United States Attorney, Wilmington, DE; Ruth A. Harvey, Lloyd H. Randolph, Seth B. Shapiro, Andrew Warner, Commercial Litigation Branch, U.S. Department of Justice for appellant.
for defendant: Derek C. Abbott, Curtis S. Miller, Daniel B. Butz, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE for appellees.
Case Number: D69130
The government's withholding of Medicare payments after debtors filed bankruptcy was a violation of the automatic stay.
Publication Date: 2020-09-16
Practice Area: Business Torts
Industry: Health Care | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Aaron P. Sayers, McDermott Will & Emery LLP, Wilmington, DE; Rachel B. Cowen, Michael J. Sheehan, J. Christian Nemeth and Emory D. Moore, Jr., McDermott Will & Emery LLP, Chicago, IL; Christopher W. Cardwell, Gullet, Sanford, Robinson & Martin, PLLC, Nashville, TN for plaintiff.
for defendant: Philip A. Rovner and Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Frank Earley, Mintz Levin Cohn Ferris Glovsky & Popeo, P.C., New York, NY; Micha Danzig, Eric J. Eastham and Paul M. Huston, Mintz Levin Cohn Ferris Glovsky & Popeo, P.C., San Diego, CA for defendant.
Case Number: D69122
Plaintiff adequately stated claims for tortious interference with contractual relations and for violations of state unfair trade practices law, but the court granted defendants' motion to dismiss the remainder of the claims.
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